Clause 165 - Direction for assessment by Dispute Resolution Panel - Direct Taxes Code Bill, 2009

Direction for assessment by Dispute Resolution Panel 165. (1) The Dispute Resolution Panel may, in a case where any objection is received under sub-section (2),- (a) call for and examine the record of any proceeding relating to the draft order; (b) make such further enquiry, as it thinks fit; or (c) cause any further enquiry to be made by any income tax authority and report the result of the same to it. (2) The Dispute Resolution Panel shall, in the case referred to in sub-section (1), issue such direction, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the scrutiny assessment. (3) The Dispute Resolution Panel shall issue the direction referred to in sub-section (2), after considering the,- (a) draft order; (b) objections filed by the assessee; (c) evidence furnished by the assessee; (d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any other authority; (e) records relating to the draft order; (f) evidence collected by, or caused to be collected by, it; and (g) result of any enquiry made by, or caused to be made by, it. (4) The Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in the draft order. (5) The Dispute Resolution Panel shall not set aside any proposed variation or issue any direction under sub-section (2) for further enquiry and passing of the assessment order. (6) If the members of the Dispute Resolution Panel differ in opinion on any point, the point shall be decided according to the opinion of the majority. (7) Every direction issued by the Dispute Resolution Panel shall be binding on the Assessing Officer. (8) No direction under sub-section (2) shall be issued unless an opportunity of being heard is given to the assessee and the Assessing Officer on such directions which are prejudicial to their interest. (9) No direction under sub-section (2) shall be issued after nine months from the end of the month in which the draft order is forwarded to the eligible assessee. (10) The Board may make rules for the efficient functioning of the Dispute Resolution Panel with a view to expeditiously dispose of the objections filed, under subsection (2), by the eligible assessee.